black box would only be an invasion of privacy if used against the operator without operator's consent. >> another viewer tweeted i will not drive a car that contains a black box. government gone wild. >> thanks to all of you who responded. "fox & friends" starts right now. we hope you have a great day. >> good morning. it is tuesday, august 13 already. i'm gretchen carlson. thanks for sharing part of your day with us. the master al qaeda bomb maker suspected to be behind the latest threat of exploding clothes but he may have been hit with a u.s. drone strike. breaking details coming in. >> also overnight, tragedy at a major league baseball game. a fan falls from the upper deck plunging more than 60 feet from his death. what happened? we have a report coming up. >>clayton: he survived two i. efpl -- i.e.d.

attacks but not the boardwalk in new jersey. a veteran told he could not talk his service dog. "fox & friends" next. >>gretchen: good morning everybody. warm up in this little chilly studio. this is our transform ational studio. >>clayton: it is like a meat locker. the switch is right over there. don't even think about warming the studio. >>gretchen: you don't want to have your women happy? >>eric: they were wearing suits and it gets hot in here. >>gretchen: let's blame it on the way in which men and women have been clothed over the last few decades.

let's get to your headlines. late last night a man fell to his death at turner field. the victim fell 65 feet from the upper deck at the atlanta braves stadium. police say there is no indication of foul play and the fall appears to be an accident. this is the second death at the atlanta ballpark. in 2008 a man fell down the stairs and also died. there is a new report that al qaeda's master bomb maker was wounded in a u.s. drone strike in yemen. according to the report he was the target of a strike and photos of the victim look like him. it is believed he was the mastermind behind the underwear bomber's plot. three florida teens charged with beating a 13-year-old on a school bus will appear in juvenile court. the boy suffered a broken arm and two black eyes.

a former florida congressman allen west says there is a deeper issue that needs to be addressed. >> why do we have 15-year olds selling drugs? why would they turn to this type of behavior against someone who turned them in? jesse jackson called the state of florida an apartheid state. where is his voice on this? al sharpton led all the mars. where -- led all the marches, where is his voice? >>gretchen: we're going to meet ocean 16 this afternoon. the new jersey group who won a third of the powerball jackpot is going to hold a news conference today. the group of nine women and seven men collected their $86 million yesterday. each will get about $3.8 million after taxes. those are your headlines.

>>tucker: one of my friends is one of the ocean 16 who won. let's talk about the i.r.s. we heard rumblings over the past few days that all of these problems where the i.r.s. was targeting conservative groups hadn't been fixed. now we have definitive proof that in fact it's still going on. the reason it's still going on is because they don't have the guidance they need to figure out new guidelines going forward. when you have an application that comes in, how exactly are they screening these applications? no one has given them any guidance now that the scandal has broken. >>gretchen: i guess the newly -- the new information that's come out as of today is that when the people say we give these a second look, we're still giving them a second look because we're not getting directive to do anything different than we did in the last couple of years. so who really needs to step up to the helm and say we need to change the policy here? they have given as much in

testimony. the acting i.r.s. director said as much but has that trickled down to a memo form to the people working there specifically in the cincinnati office to change their ways? they're apparently giving any kind of application that has a tea party connotation to it a second look. is that warranted? >>eric: i don't know. i don't think it's warranted because they're not doing the same thing on the liberal side. they have got key word and they all seem to be surrounding the conservative groups that are looking for tax exempt status. 501-c-4 groups are the ones they're looking at right now. 501-c-5, you know what they are? unions. they are also tax exempt and no one is looking at those. >>clayton: lois lerner, at the helm of this in the 2010 election cycle and further on, i think until 2011 and so on, during a speech that has been

uncovered, she talks about the political pressure -- remember the citizens united case which opened the floodgates for all kinds of money to pour into politics. she says we were feeling pressure here at the i.r.s. to clamp down on some of this money flowing into the election cycle. listen to lois lerner. >> everyone is up in arms because they don't like it. [inaudible] they want the i.r.s. -- >>clayton: even though the supreme court ruled

against citizens united that allowed money to flow into the election cycle, the i.r.s. felt it their need to take it upon themselves to do an end around the supreme court and try to keep money out of the republican side and the right-wing side of the election. >>gretchen: you can see the frustration in her speech there, and that's a couple of years ago before the mid term elections where she's frustrated and she says people have come to us to try to change this. who are those people who wanted to come and try and change that? and was she using her own personal political feeling to try and change it in her own way? that remains to be seen. was it just lois lerner? no. we learned it was a little bit higher than lois lerner, but how high remains unknown. >>eric: they came to us and said fix it before the election. who is they? is it the gentleman in washington, d.c. >>gretchen: carter hall. >>eric: was it above carter hall? was it directly to the white house? maybe it was the white house saying fix this

before we get more money coming to the conservative groups. she needs to stop taking the fifth and testify. >>clayton: we're learning more about benghazi. we've been wanting details exactly how this whole operation unfolded and we may have some idea this morning as to why this consolate, this annex was targeted by members of al qaeda and islamic extremists. because it turns out the lawyer for one of the individuals, one of the whistle-blowers in the benghazi attack, we now know that this may have been over 400 missiles that may have been stationed at that annex or had been funneled through that annex from the united states into libya, 400 missiles that al qaeda may have been going after to try to gather. >>gretchen: surface to air missiles, the kind that people, bad guys could potentially use to try and shoot down airplanes. that would be one way in which to use them. there was a lot of talk about this right at the

beginning right after benghazi, but i think the focus turned to four americans and how did this happen, there was interesting discussion about was there something more going on in libya as to why these places were targeted? and was there some sort of covert operation going on and is that why the dim didn't want to give -- is that why the administration didn't want to give the information out. now joe digenova represents a whistle-blower and he is saying this could be exactly why. >> it is clear that the annex was somehow involved in the process of distribution of those missiles. this information comes from former intelligence officials who stay in constant contact with people in the special ops and intelligence community, and it is pretty clear that the biggest concern right now are 400 missiles which

have been diverted in libya and have gotten into the hand of some very ugly people. and they are worried specifically, according to these sources, about an attempt to shoot down an airliner. >>clayton: this is very important. if that is accurate, if that is true there were 400 missiles that were stolen, lost, go back to when hillary clinton says what difference does this make at this point. >>eric: now al qaeda may have 400 surface to air missiles that we don't know where they are and could be targeting our passenger airplanes. it matters. when she said that, she tried to put that story behind her. let's move on. four dead americans at this point. it matters a lot because we don't want 4,000 dead americans. >>gretchen: it adds another wrinkle. we still have four americans killed and we don't have resolution and we don't know exactly who is responsible for that and how that went down. now could there be this second layer of a story here with more danger ahead for americans in the hand of terrorists? in the meantime, speaking

of hands, there is a situation going on in new york city that could trickle down to affect police departments across the nation. it is something called stop and frisk. this is something that has been in effect here in new york, i believe, for at least the last decade. mayor mike bloomberg, police commissioner ray kelly and many others believe it has helped dramatically in cutting down crime. what does it mean? it means police have the ability to stop people that they want to, even though they haven't technically committed a crime, and to frisk them to see if they're carrying weapons. they claim they have been able to get a lot unsafe guns, illegal guns off the streets as a result and dramatically reduce crime. now a judge has said, a federal judge has said unconstitutional. going to throw the whole thing out. >>clayton: a violation of civil liberties. if you look at the numbers, it is fascinating. from 2003 the crime rate at 7.4 up to in -- in 2012,

murder rate down to 5. in major cities skraos the united states, if you compare other major cities, chicago 18% murder rate, philadelphia 21.5. your point lays claim to this as being responsible for this. mayor michael bloomberg fired up saying this is going to turn this city -- he was trying to bring back memories to the lawless 1980's where every day people woke up to headlines of people being murdered. >>eric: one of the issues is are cops targeting certain groups? are they looking specifically for minorities and stopping and frisking them? i believe the commissioner said no. they're stopping and frisking anyone they feel is suspicious. they are doing it, it doesn't matter if you're white, african-american or latino. it is not profiling. there are fourth amendment advocates, myself as well who say as long as you're not profiling, you're

keeping an even pick on who you're stopping and frisking, i think they're going to be okay with this, especially with the murder rates going from 7.-- a 33% drop. it is a phenomenal drop. >>gretchen: they are hoping another judge will take another look at this and a different approach. let's look at another graphic. we're going to look at east new york versus the judge, the judge in this case, her neighborhood, eight murders in her neighborhood, zero robberies, 535. shooting victims 35, in her neighborhood 1. maybe her personal living is not what other people are going through. there are people in these particular neighborhoods where stop and frisk happens tpraoebgtly who are in -- happens frequently who are in favor of it because they believe it keeps their neighborhood more safe. >>clayton: tell us what you think. a landmark ruling, kids who

consider themselves transgender can now use whatever bathroom they want in school. what about everyone else? we report, you decide. >>gretchen: while you were sleeping congress grants itself an exemption from obamacare so why are you still on the hook? when you realizeou need to switch to verizon, it's a reality check. i had my reality check when i'd be sitting there with my friends who had their verizon phones and i'd be sitting there like "mine's still loading!" i couldn't get email. i couldn't stream movies. i couldn't upload any of our music. i couldn't count on it, that's when i decided to switch.

now that i'm on verizon, everything moves fast. with verizon, i have that reliability. i'm completely happy with verizon. verizon's 4g lte is the most reliable in more places than any other 4g network. period. that's powerful. verizon.

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or have to come back and redo it. with angie's list, i was able to turn my home into the home of my dreams. for over 18 years, we've helped people take care of the things that matter most. join today. >>eric: president obama and members of congress are kicking back on vacation but before slipping out they granted themselves an exemption from obamacare. why is washington getting a pass when the rest of us are stuck with rising premiums? joining us from the fox business network, mr. charles payne. let's clarify that. i'm not sure congress gets an exemption but they're allowed to stay on obamacare and get funded by the taxpayer; right? >> they are. it is one of those things where the chefs who put together this stew aren't taking it the way everybody else is taking it.

this is one of the issues. i think we get sidetracked with this. the bigger issue is the impact on the economy which we're already seeing. we see it in part-time job nation. we see it with 2% or less g.d.p. growth. there is a lot of talk delaying it or defunding it. >>eric: let's talk about the reason for the delay. look at the full screen. 2010, premiums went from -- up 2,000 bucks. are they delaying it? >> i think it increased a little bit more. it sped up a bit. listen, it's basic math. we're going to have 30 million more people to the rolls, somehow the price is going down. i don't know how they sold this in the first place but it's not common sense. i think the dangerous thing you see and the reason employer mandate was skipped is a lot of

penalties say i can pay a couple grand in penalty or pay $16,000. pretty easy choice. -l these people are pushed to the taxpayers' arms because someone has to pay for this. >>eric: if young people don't sign up, this thing crashes on itself because young people put in more -- >> they're going to put in more, not going to take out, don't have to go to the doctor presumably. there are a lot of fault lines in this thing. >>eric: charles payne you're hosting varney and company today at 9:20. have a great show. flash floods caught on camera. it promises to get you there faster than flying but is that possible? details on the brand-new high speed train that promises to go cross country fast. ♪ with the spark miles card from capital one,

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>> welcome back. 23 minutes past the top of the hour. experts called in the trial of major nidal hasan. this a day after a witness told the court that hasan fired at people with a grin on his face. a judge throwing out racism allegations that caused paula deen's career to crumble. the judge ruling against her former restaurant manager saying she had no grounds because she too is white. gretchen? >>gretchen: thanks very much, clayton. raging flood waters ripped through florida leaving one person dead and one missing as residents raced to safety. take a look at this incredible moment when a

70-year-old debated whether or not to jump from his vehicle. >> what is he doing? >> there's a person getting out of their car. >> get back in your car. >> oh god! don't get out of your car. oh no. no, no, no. this guy got out of his car and he left it. >>gretchen: did i say florida. it's colorado. our next guest captured that video. she and her fiancee join me now. good morning to the two of you. >> good morning. >> i think you're going to have a slightly different tone in your voice this morning than you did capturing that amazing video. tell me how you got yourself into this predicament. how were you in the middle of this action happening? >> we were headed camping. we were headed up the path to go out to lake george, which is a place that we like to go camping. >>gretchen: were you driving, orlando?

>> i was. >>gretchen: janet is the one taking the video, i assume. we're watching this incredible video. i guess this is what a flash flood is, for folks who don't live in the part of the country where this can happen. did it come upon immediately or what were the circumstances, orlando? >> it was seconds. we were heading up. we thought it was a little bit of water. then it back a lot of water. then it became a whole lot of water. >>gretchen: were you scared for your own personal safety? >> i think when the guy got out we were because we were worried we might have to get out and try and save him too. you can see from that video there's rocks and other debris that are coming down and it would have easily knocked us over too. the guy was a little bigger than janet, and she was on his side. she had to get out, it would have been tough, i think, for her to deal with that situation. >>gretchen: janet, in the video i hear you saying to

glenn, who you're watching, are you saying don't get out of the car? >> i'm saying that in my own car. he could not hear me saying that. i wish he could hear me saying that. >>gretchen: why? what was your fear for him? >> because the water was moving so quickly. it just -- we had just watched a series of cars tumble down a river of mud. i couldn't imagine how he was going to be able to navigate across that water safely. >>gretchen: he actually did walk across the -- not literally on the water, but he walked across on the ground with the water raging around his feet; right? >> yes, he did. >>gretchen: and you were able to call 911. what do you think? do you think you played a role in helping save this gentleman's life and potentially others? >> i don't think we had a role in saving it. i mean, it was just so fast. i think it was better that everyone stayed in their

car. we were really worried that the people that were going in the ravine next to us that were heading down the river were going to go into a culvert and they might be buried by the other cars and the debris that was coming after them. we couldn't see back behind us where all that was going to end up. we did -- later it was basically a pool of mud and cars. as far as i know, everyone was safe that had gone down the ravine. >>gretchen: in this particular area i believe there is one person still missing in your particular state. nonetheless, you found yourself in the middle of this but still ended up on your camping trip, good news through all of us this. janet and orlando, thanks for getting up and sharing your dramatic video and your comments with us. we appreciate it. coming up on our show, a landmark ruling. kids who consider themselves transgender can now use whatever bathroom they want at school.

but what about everyone else? then president obama says the kardashians are ruining how kids view success. so is he right? is there anything wrong with getting rich and getting ahead and other stuff that goes on with that family? we're going to debate that highly controversial topic coming up. first happy birthday to actor danny bonn due chea chea -- to actor danny all year long. and now there are endless ways to love it... from crispy to spicy to savory. [ man ] you cannot make a bad choice. [ male announcer ] red lobster's endless shrimp! as ch as you like, y way you like! you can have your shrimp. and you can eat it, too. [ male announcer ] try our new soy wasabi grilled shrimp or classic garlic shmp scampi. all just $15.99 for a limited time. it's gonna be a hit this year. [ male announcer ] red lobster's endless shri is now! we would neveriss endless shrimp. [ male announcer ] but it won't last forever. so come and sea food differently.

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>> you've seen them pull off this seven-man alley-oop. now they've topped the trick. watch this. >>gretchen: fantastic. they've added skateboards. >>eric: america's youth. they're not wasting their time. that's great. the sequel pool trick shot now featuring 11 guys, a head stand and a skateboard. that's pretty incredible. these guys are incredible. that's a new olympic sport.

>>gretchen: you know what? >>clayton: not done yet. >>gretchen: come on! >>clayton: and in a speedo no less. >>gretchen: fantastic. we've got them on the show. >>eric: last night a man fell to his death at turner field in atlanta. the late-breaking details, let's go live to the stadium. >> good morning. certainly a tragic morning here in atlanta. the braves were playing against the philadelphia phillies. the game just started because there had been did a two-hour rain delay when the accident occurred. according to atlanta police this man not yet identified fell from the upper 400-level concourse where they basically sell concessions, hot dogs, beer, things like that, and

he plummeted 60, 65 feet or about six stories to his death into a secure parking lot, parking lot where the players actually park their cars. at this point they're trying to determine exactly what caused this accident. they say it's simply too early to tell if it was alcohol-related or maybe if it was wet because of the rain that had been falling. we're waiting for the medical examiner's office to give us a little more information including this man's name and possibly a clue as to what caused this particular accident. at this point that's the latest from turner field in atlanta. >>gretchen: now to the other stories making headlines at this hour. there's no love between anthony weiner and the clintons. weiner was asked if he knew what his wife would be doing with the hillary clinton 2016 campaign. his reply basically confirming that clinton is running for president. >> do you know what her role in hillary's 2016

campaign will be? >> i do. >> what will it be? >> i'm not telling you. >>gretchen: a clinton spokesperson snapped back saying he had no clue what weiner was talking about. california passed a controversial law. governor jerry brown signing a law allowing transgender students kindergarten through 12th grade to use whatever locker rooms and bathrooms they use based on their self-perception. reporters say this will reduce discrimination but will be confusing for other kids. imagine strapping into a capsule to get where you need to go. a billionaire unveiling his hyperloop transport system that will allow people to travel from l.a. to san francisco in about 30 minutes. if all goes right the project could take seven to ten years for the first trial. the price tag will be $6 million to do that. >> talk about a fearless

female, check out this daredevil on a thin wire 3,000 feel above yosemite national park in california. that is a professional slack liner doing splits like it's nothing. she says it's her best trick. ashburn started slack lining to train for rock climbing but found her real passion is actually on the thin wire. what's the name of the guy who just did the grand canyon? he was on the show. nick. wonder if they know each other. probably a very small group of people with the ability to do that kind of stuff. >>clayton: president obama likes to talk pop culture from time to time when he's on the podium. occasionally he brings up celebrity names when he's trying to draw comparisons to today's youth. he was giving another speech recently where he decided to pick on kim kardashian and kanye west a bit by basically saying today's youth are too

focused on celebrity. they're jumping on-line on things like twitter to find out what new outfit kim kardashian is wearing and this is what young people today see as success. well, the kardashians and kanye west not too happy about it. >>gretchen: chris jenner who has been on this show before. she says her husband bruce jenner loves fox news. she has differing political news. she voted for president obama probably twice but wasn't too happy about what he said about one of her children. >> for the president of the united states, president obama, was giving an interview with amazon's kindle and criticized my daughter and kanye. the president basically said they're influencing a generation of youngsters to be obsessed with wealth and celebrity. i read this, and i thought, wow, i mean it's really great that people aspire to get a great job. i wasn't aware that you

could only set the bar so high and that we could only dream so big. i was taught dream big, work hard, and you could have whatever you wanted. [applause] >>eric: she's right. absolutely. the point is the president is being very hypocritical calling kanye west and her daughter out because he uses celebrities. he uses celebrities to raise money. they're even using celebrities to sell obamacare. they can't sell it so they're going to bring oprah, george clooney. it goes on and on. for him to call them out now as bad role models for youths, watch what the president does instead of what he said. >>clayton: even in martha's vineyard last night he was at a fund-raiser at a big rich house. he does hollywood fund-raisers in 10,000 square foot homes and celebrities pour in money. some of these very same figures show up to these fund-raisers who he is talking about and bashing

in his speech about youth. i also see his point that these kids today when they jump on twitter, you ask them an historical question, we've done pieces where we ask them american history and they don't know anything about it. >>gretchen: you can see this story from a couple of different points of view, but i think the essence of what he said is correct. i think our kids are growing up in a different kind of culture and maybe look up to people that maybe they shouldn't be looking up to and different values have gone by the wayside. my two cents. >>eric: but he still uses them for his own means. you've got to call him out. you can't have it both ways. either it's a bad idea, they're bad role models or they raise a lot of money and they need to embrace success. let us know what you think. >> incredible video showing the terrifying moment a 100-foot sink hole at a

resort near disney world. watch. >>gretchen: 30% of that three-story veil -- villa collapse. all the guests made it out outside. this morning the manager says he's awaiting results of inspections to determine if there is damage to two other buildings there. maria, you are from the florida area. it seems we've been reporting more about sink holes in florida. how do they form and why are we seeing more of them? >> it does seem that way. florida is the state in our nation that sees the most sink holes. we have an animation we want to show you and the reason why we see sink holes in the state of florida so often. it is made up of something, limestone. over time those rocks can dissolve. that creates a void over

the limestone roof and when it gets too heavy it can collapse. it can be triggered by heavy rain or human activity such as pumping ground water or drilling or construction. any time you hear construction, loud noise, that can help trigger sink holes. a scary event out here across the state of florida. the office of regulation says sink hole claims in florida costs insurers $1.4 billion from 2006 to 2010. that is an incredible amount of money. we want to show you the weather we're expecting today because we can actually see areas of heavy rain across parts of the state of florida today and we have number of flood watches in other areas, not just florida but parts of oklahoma, sections of kansas as well and even into the northeast including us here in new york city. we already have a little bit of drizzle moving through. heavier rain can be expected today. temperature wise, on the cool side in new york city. 75. 68 for your high in cleveland. in texas, 102 for your high

in san antonio. >>gretchen: thank you. coming up on the show he survived two i.e.d. attacks but not a walk on the beach. a veteran kicked off the boardwalk because police didn't believe his dog was actually a service dog. he's here live. >>clayton: a lesson for every kid. come from nothing and become something extraordinary. chris carter is living proof. he's here with his incredible life story and a new book. ♪ ♪ good job! still running in the morning? yeah. getting your vegetables every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories.

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rate which means actual tenants are being pushed out. [music] >>eric: from humble beginnings to highly publicized troubles on and off the football field. our next guest's career came full circle when he was recently inducted into the nfl hall of fame as one of the greatest nfl wide receivers ever. joining us is chris carter nfl hall of famer, former minnesota vikings star and author of the book called "going deep: how wide receivers became the most compelling figures in prosports." chris, nice to see you. >> glad to be here. >>clayton: why did you want to put your life down in a book form? there is so much here especially the early days in the nfl when you had no money sending cash home to your mom. why did you feel the need to tell the story? >> i never wanted to write a book, didn't want to

write a book about myself but i think information about wide receivers, there is only a little bit about it. i think it is a compelling position. i love it, love the personality and i love the things that come along with being a wide receiver. i took on the project, it took a year and a half and i'm proud of it. i wouldn't call myself a real big book reader but when i took on this project especially with sports fans out there because it is the most popular sport, the nfl is now, for them to understand the game and get closer to the game that was my goal and to explain some of the personalities that go into playing wide receiver because you have to think different. >>gretchen: you came out of the projects and football was your success. you were able to get away from a situation and into one totally different. you say being a wide receiver is a type a personality. why? >> you have to be very, very selfish. it is a team game. football is the ultimate team game but in that there's a lot of individuals. you're relying on these

other ten players to do their job well so you can get an opportunity to do your job. and at the end of the day it's a stat-driven position. so you're going to tell how you did based on the stats. >>eric: the successful ones, the chris carter, jerry rice, terrell owens, a little crazy. >> depends on what you call crazy. >> the trash talkers, take big hits. >> you have to be a little twisted to play wide receiver. if you're going to play in sports, intimidation is a huge factor. you have to talk your way in and out of situations. >>clayton: how did you manage to have such a sustainable career? i feel like every sunday you could count on chris carter being there. these days i watch a michael vick i don't know if he's going to be there because he's going to get his head taken off.

>> that's the difference between a good player and great player. a good player is available some of the time. a great player is available almost all the time. longevity, no matter what you do, consistency should be rewarded. >>clayton: are young players too showy these days? >> no, absolutely not. >>gretchen: we were talking about role models in the break. what do you think about role models, specifically with athletes and people in the public eye? >> athletes, entertainers, i believe they are in one bucket. i heard you make the comment about obama and some of his associations. i think people a lot like yourself, they get this thing mixed up where they think because you have a skill to shoot a ball, play a horn, break dance, whatever it is, that automatically that is going to be the role model for your kids. no. there is a difference between role models and heroes. these people should be our heroes but a lot of them are not qualified to be a role model and i wouldn't have my kids grow up to have them be the role

models and we need to keep them in that position. >>eric: chris carter, best whiteout ever? >> jerry rice. stop. i might not be in the front row but >> thanks knifing me this morning. >> gretchen: coming up, the mystery priest -- remember the story? showed up to pray at the scene of a car crash. he's been revealed. who is he? stay tuned. >> eric: he survived two ied apacks, but not a walk on the beach. a veteran takes on the boardwalk because police didn't believe his dog was service dog, joins us live, coming up when you realizeou need to switch to verizon,

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>> clayton: he survived two ied attacks in afghanistan. but this wounded war veteran couldn't survive a walk on the beach in jersey. he says he was tossed off a boardwalk because he had a service dog with him. joining us is jared and his wife, sally, and their dog, navigator. joining us from philadelphia. nice to see both of you. >> hi. >> clayton: we're sorry your vacation was ruined. you're up from tampa in new jersey enjoying time on the boardwalk. when you got tossed by a police officer because of your service dog, what exactly happened when you were walking there?

>> basically we were walking by a group of officers and they said that we couldn't have our dog on the boardwalk and then they approached us and i basically told them that he's not a regular dog. he's a service dog and he's allowed to go where the general public can go. >> clayton: that he's a service dog and you have every right by law, to have your service dog on the boardwalk with you. sally, this sounded like this officer had an ax to grind. he wasn't very nice. >> no. he was really rude to us. at one point he questioned me on jarrett's disability. he said that he doesn't see anything wrong with him, so he doesn't see a need for him to have a service dog on the boardwalk. and when i explained to him what the dog does for him and how he assists him, he replied by saying what did they do, give all veterans dogs now? it's frustrating to talk to an officer who didn't understand the law for service dogs and

wasn't sympathetic jarrett and he was honestly very rude to him. >> clayton: well, the north wildwood police department issued a statement. i want to get your response. it says we've always proudly supported military veterans. the officer will be reprimanded if the investigation deems such action necessary. what do you say to that? jarrett, i don't know if you're able to hear me. we read the statement from the wildwood police saying that they've always respected the veterans and that they would look into this as an investigation and reprimand this officer if necessary. what do you say to that? >> well, i agree with it. i think something needs to happen. i think the general public needs to be educated so this wouldn't happen again. >> clayton: all right. we wish you the best on your vacation. we're sorry this had to happen in new jersey, giving new jersey a bad rap this happen. we appreciate you joining us

this morning as well, sally, and good luck to you. thanks so much. >> thank you. >> clayton: coming up here, we bet you've done it before. you dropped your cell phone into some water. you'll never have to worry about that again. the best ways to waterproof your gadgets. i will have them when we come back [ female announcer ] made just a little sweeter... because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet. also available (announcenergy cycle... natural cats. they were born to play. to eat. then rest. to fuel the metabolic cycle they were born to have,

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and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. >> gretchen: good morning, everybody. it's tuesday, august 13. i'm gretchen carlson. thanks for sharing part of your day with us today. the master al-qaeda bomb maker suspected to be behind the latest threat of exploding clothes just hit by a u.s. drone strike. the breaking details as we get them to fox. >> eric: the president putting off the employer mandate part of obamacare until after the midterm elections. wonder if politics played a part? members of his own party admit that may be the case. >> eric: remember the scene from seinfeld? >> come on! [ laughter ] >> come o george. that's it. give it to me. come on! work it!

oh, yeah! be a man! >> eric: turns out george was on to something. more and more men, quotation marks men, are actually doing this. "fox & friends" starts right now >> gretchen: good morning, everybody. >> eric: i need to point out, those are professional photographers taking professional pictures of men now doing certain things, not the selfie portraits we see. >> gretchen: disclaimer, right, from "fox & friends" this morning. i'm flanked today by eric bolling and clayton morris joins us from the weekend. let's quick off this hour with some headlines. late last night, a man fell to his death at turner field in atlanta. the victim fell 65 feet from the upper level of the atlanta braves stadium and landed in the players' parking lot. it happened during a two-hour rain delay. police say there is no

indication of foul play and the fall appears to be an accident. it's the second death at the atlanta ballpark n. 2008 a man fell down the stairs and died. kidnapping victim hannah anderson back at her california home with her father. >> as for my daughter, the healing process will be slow. she has been through a horrific ordeal. >> gretchen: during the entire ordeal, the 16-year-old did not know that james dimaggio had killed her mother and brother. f.b.i. agents told her after she was rescued. another developing story overnight, al-qaeda's master bomb maker reportedly wounded in a u.s. drone strike in yemen. according to the report, he was the target of the strike and photos of the victim looked just like him. it's believed he was the mastermind behind the underwear bomber's plot to blow up a plane in 2009. this story rivetted the nation. a mystery priest showed up in an accident scene in missouri. the driver, a young woman, was

trapped. but after the priest prayed with her, rescuers were finally able to free her. the priest then disappeared. this morning the mystery priest has been revealed. that angel priest is here. he was driving between mass assign thes when he saw the closed highway. when he got close enough, he went to the car to pray and then let the emergency workers do their job. >> that's the only explanation i have because i didn't hide and i just stood there waiting, praying. >> gretchen: he says he said the rosary and left as the helicopter was taking off with katy. so mystery solved there. it appears his work was good work. >> clayton: glad we got to the bottom of that. there were 70 different poe toes taken. news organization. they didn't know where he went. now to obamacare.

we heard a couple of weeks ago, we know the employer mandate portion of obamacare was going to be delayed until 2014 just after, it seemed, the midterm elections seemed convenient enough, of course. kathleen sebelius saying no, this is all part of a reasoning because we want employers to have the opportunity to look through the material and get on board with this. we said why now? why did he release this on a friday afternoon when employers were complaining about how they were going to implement this for over a year? why suddenly now? >> gretchen: yesterday the individual mandate was still going to go into effect. many people felt it was unfair. if you're going to give this liberty to companies and waivers to other particular companies over the last couple of years, then why not individuals? and by the way, maybe this whole thing is too difficult to implement in general. what about cost? what about cost? remember, the promise was all along when politicians were campaigning for this was that your insurance, you'd be able to keep your insurance and your costs would not go up. if anything, they would go down.

now there is a democratic politician, congressman curt schrader, a democrat out of oregon, who also has sneaking suspicions about why this is all taking place right now. let's take a look at his quote. he was asked a question, why are obamacare employer mandates held off until after the next election? and he said this, well, i don't know. i mean, like andrea, i had my suspicions about the political motivations here, too. i'd be less than honest if i hadn't said that. >> clayton: so he think this is could be as a result of holding it off until after the election. >> eric: it's a win-win for the democrats. they don't have to run against the -- at least the employer mandate section of obamacare which is highly unpopular, as well as the individual. but also he alludes to the fact that it may be -- it will give insurance companies more time to raise premiums before the full obamacare goes into implementation. we just talked with charles payne a couple minutes ago. obamacare was supposed to end the cost curve -- bend the cost

curve down. prices 15% in the last 2 1/2 or three years. >> clayton: senator mike lee was on greta last night and said when you start to play politics with people, you always run into problems. listen. >> when we play politics with the american people, everyone loses. especially on an important issue as important as this one. i mean, look, the fact is that nobody wants anyone's health care getting taken away. in fact, that's one of the reasons why i oppose obamacare. that's one of the reasons why i'm so strongly opposing funding for obamacare is because it's going to make healthcare more expensive and more difficult for many americans to obtain and to keep if they like their current plan. >> gretchen: so let's take a look at the facts and figures and the dollar signs. from promises to the reality. so the family premium promise was $12,700. i'm assuming is this an annual cost? i'm assuming. >> clayton: yeah, the annual cost.

>> gretchen: then the actual family premium for 2012 was 15,745. now, could it be insurance companies play into this a little bit, up more than 15? could it be they're saying hey, because of obamacare, we're raising your premiums, wink, wink? or is it all 100% obamacare and it's just impossible to implement and it's very costly? >> eric: you know what's going to end up happening? that $15,000 number will skyrocket. here is how the system works. they want you to buy obamacare. you have a mandate to own insurance. if you don't, you'll pay a fee. young people who typically pay more into -- who would be paying more into obamacare than taking out in the form of health care are going to opt for the penalty or the fee, whatever you want to call it, the tax. so without those young people, it's going to be skewed toward older people who take a lot out of the system. there is president obama way the system can hold up. they have to raise the premiums or run to the government to help

out, which may be the ultimate goal in the first place, the end result getting everyone on a fully government insurance program. the point is, the system can't work this way. they have to figure out a new system. they're delaying, trying to figure out -- they're buying time -- >> gretchen: that's the whole campaign with the celebrities. they were trying to recruit young people with them. if this is a good idea, then maybe they could get more people to do that because they need that money in order to sustain it. >> clayton: and spending millions on advertising campaigns to do that, hiring nfl players and so forth and then also opening call centers, millions of dollars to open call centers to handle obamacare complaints. let us know what you think about that. have you already noticed your premiums going up as a result? let us know. now this story, in 2014, september 1, 2014, most new cars, if you buy one now, 96% of the new cars have a black box built into it. we know that from airliners.

what does it tell you? driving speed, acceleration, it tells you turns. it tells you -- it can even possibly if someone was drunk behind the wheel of a car. >> gretchen: are you saying that i could get a speeding ticket like, say, yesterday if i happen to be going a little bit over the limit if they got access to my black box? they could later then charge me with a crime? >> clayton: that's the concern. the privacy concern. so there are advocates trying to push this thing private. these black boxes in cars that only you, you would have to sign a consent form if there was an accident. that's a concern. >> eric: they're using it now. there are 14 states or local police departments are allowed to take black box information, post-crash to solve the crime. who was speeding? who was driving erratically? it is an absolute violation of your 4th amendment right. there is no way that they should be able to do that without your consent. right now it's in your owner's manual that the black box is in

there -- >> clayton: i'm on that side of it. but i'll play devil's advocate. the police department says they've been able to solve all kinds of traffic accidents as a result of that, however, those who argue when you're on the road, it's a privilege when you're on the road. public highways and you kill someone because you were driving drunk, they're going to analyze your car anyway. they're going to impound your car and take it down and analyze it and see paint marks. they're going to see tire treads and look at all of that. wouldn't this just be another thing that they would analyze to make sure you were the one that killed the person? >> eric: some day they're going to say we need to raise revenues. we're going to have this black box and find out every time someone exceeds the speed limit and send them a fine in the mail. that's the concern. >> gretchen: there is there is a concern about people hacking into these systems, just to complicate it even more. you would understand this being a technical genius. they're concerned people will hack in and alter them potentially, which could be very

complicated. imagine if somebody could alter it to make it look like you did something and also roll back odometers and things like that. >> eric: or how about track where you've been. >> clayton: blackmail. we know irs targeting, the government has access, they know a city councilman is going over the routine. there is all sorts of concerns here and i think this is why we need to put things in place. so i think this consent form is a good move. let us know what you think about that. find us on twitter as well. >> gretchen: in the meantime, a judge ordering an end to one of new york city's most successful anticrime initiatives because critics say it's promoting racial profiling. is that the right choice? joe lota, candidate for new york mayor is going to join us next. >> eric: everyone was throwing confetti at this blushing bride and groom until it was grandma's turn. oops. her drink.

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hurry in to the volkswagen best. thing. ever.vent. and get 0% apr for 60 months, now until september 3rd. that's the power of german engineering. >> gretchen: surprising move from a united states district judge ordering new york city to stop one of its most successful anticrime initiatives. >> this is a very dangerous decision made by a judge that i think just does not understand how policing works and what is compliant with the u.s. constitution as determined by the supreme court. >> gretchen: strong words from mayor bloomberg. we're talking about stop and frisk, the program that let's police search suspects without probable cause. many think it's racial profiling. here to discuss is a candidate for mayor in new york. is this a blow to the way in which new york city cops can try to tamp down on crime?

>> absolutely. i think the judge's decision is -- what's unfortunate, is it's not based on fact. facts were presented that actually showed that this system actually works and it's in compliance with the united states constitution as set out by the supreme court. basically this judge has put every great thing that's happened in new york city over the last 20 years at risk. the reason why our economy is growing, the reason why the number of people are moving here, the reason why tourism is growing so much is that this is the safest large city in america and this single act alone is enough to cause it to go in another direction. it's another step closer to making new york city like detroit. we're not detroit. but with actions like this and with actions like the city council where they just recently passed a law that says individuals can actually sue policemen individually, not corporately, it's really unfortunate. >> gretchen: it's interesting to see when you have the police commissioner, ray kelly and the mayor agreeing so strongly on this particular issue, 'cause they don't agree on everything, to see them come out and be so

upset about this must say something about the way in which they've been conducting business for the last decade. i just want you to look at the stats. here is new york city crime stats. 2012-2013, murder down 27.5%. murder down, shooting incidents down, 28.6%. so joe, how do you expect that to change when officers can no longer stop and frisk? >> well, officers can still stop and frisk, but they're going to be handcuffed in how they do it. the judge basically thinks and without any credible evidence that police officers are stopping people for -- without having any suspicious activity, when in fact, that's been not proven. all the statistics are showing police officers have an opportunity to stop anyone who they think is having any kind of suspicious activity. what's going to happen here with the crime reduction that you have shown. if you went all the way back to 1994 when policing changed in new york city, you would see overall reduction in crime up 80%. there is no doubt that we're

going into a period of time where there is going to be confusion within the nypd, where they're going to need leadership to have them understand what they can and can't do. cops don't make a whole lot of money. where they can be individually held responsible and individually held liable, they're going to just basically as the newspaper said this morning, this judge has handcuffed the new york city police department. what's making matters worse, we're in the middle of a mayoral election this year. the democrats who are running for mayor are just pandering all overt place. >> gretchen: it's the politicalization is what's irritating to the people who live here and people who don't live here because this could be coming to a place near you. let's talk about the appeal because obviously bloomberg said we're appealing this immediately. what's the time frame? >> they'll appeal relatively quickly, but the courts will probably take from nine months to a year. so we're going to be in a complete limbo situation during this period of time. while we're on appeal, there is always the possibility that depending on what the judges do on the appellate side, we could

be going to the supreme court. quite honestly, the supreme court has ruled on this. it was a 1968 -- 45 years ago, where chief justice earl warren who wrote the opinion gave police officers the right to stop, question and frisk. new york city police officers have been doing this in compliance with what the courts have decided. so i think this could be going all the way to the supreme court and it should because we need to get this cleared up. this is about our lives, our safety. >> gretchen: it's a tough job for any cop out there on the street. joe, thanks much. >> thank you. >> gretchen: coming up, casino just gave away a million dollars by mistake. did they take it back? their surprising decision next. plus, have you ever done this? dropped your cell phone in water? coming up, why you'll never have to worry about that again. does clayton have rice out there? look what he's doing. how dare he do that! does it still work, clayton? he's magic.

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>> clayton: time for news by the numbers. >> eric: 2%. that's how much each sibling you have reduces your risk of getting a divorce later in life. the survey says brothers and sisters help us develop social skills which are useful in navigating marriage. next, 44%. that's how many men say they would stop dating a woman if she never picked up the tab. the same study found 84% of men paid for dates. finally, 1 million. that's how much these two men both named kevin lewis, each get to keep africa see know in cincinnati made a major mistake. they aworded the wrong kevin lewis a million dollars and realized their mistake when the other kevin lewis came forward.

good job, casino. gretch? >> gretchen: are you headed to the beach or pool for the remainder of the summer? now you don't have to leave your electronics behind. who better to talk about this than clayton. earlier in that piece, i saw you submerging something in the water and my stomach started churning. >> clayton: we all do that. we drop cell phones in the bathtub, in the toilet. i've got three gm jets to show that you are waterproof. you can buy them and they're already waterproof. i'll show you three ways to waterproof gadgets you already own. >> gretchen: starting with this smart phone. >> clayton: it's really inexpensive and what's great about it is that it's so durable and you can drop it into water and it lasts in three feet of water up to 30 minutes. pop it out and it will work just fine. it has a two-year contract. the head phones attached to it are from a separate company. these are the x 1 surge mini waterproof head phones.

these are sport head phones. forty-nine dollars. you can completely wear them when you're swimming. it's great for people working out if you get sweaty. >> gretchen: you could literally put these on your body and go swimming? >> clayton: in three feet of water. >> gretchen: okay. let's go to the sony tablet. >> clayton: this tablet made a lot of waves at ces this year. a beautiful android tablet. and it's waterproof. so the tablets and phones are waterproof. so you drop it right in water. >> gretchen: oh, my gosh! >> clayton: ifish fish it out with my -- if i can fish it out with my hands. >> gretchen: how long can that be submerged? >> clayton: people read in the bathtub and it will be fine of the the new sony tablet z, it's 10.1 inches, really thin, beautiful and fast as well. >> gretchen: okay. now, if you already have your gadget and most of us do and they're not waterproof, so what

do you do to fix that? >> clayton: here is just a typical phone. there is a company called liquipel. you mail off your phone to them. they'll send it back to you in a few days with their patented technology that allows everything to be submerged in water and water repellant. there i just dropped that phone in it. if you look at it, still working perfectly. pull it right out and water rolls right off the internal electronics and it is still working perfectly. >> gretchen: how much does that cost to send it away? >> clayton: that's a good question. fifty-nine dollars for phones and $89 for tablets. >> gretchen: not as bad as i thought. >> clayton: they've got a new technology coming out, exclusive to "fox & friends," shatter proof technology. you mail off your phone. they're going cover it in a shatterproof technology. >> gretchen: that will be popular. the next thing is lifeproof nude cases? what's that? >> clayton: lifeproof makes a variety of cases. i've been a fan for a long time. here is an iphone case.

they make tablet cases. they're durable, water repellant. dirt proof, snow proof and shock proof. you can drop them. you can touch the actual screen. you can still use the phone perfectly well with the case on the screen. it's not some big bulky screen. >> gretchen: it's not heavy either? >> clayton: no, it's not heavy. you don't have to worry about going to the beach. it will keep the sand and dirt out. >> gretchen: can i read your e-mails? >> clayton: i think that's one of our producers' phones. >> gretchen: do you have a pass code on there? you need to. what's the final thing. >> clayton: i love this. so many people are doing things with their cameras now, iphones and able to put on interchangeable lenses to take wide angle shots, fish eye lens shots. there is a case that's durable that allows you to switch out different lenses so you can get wide angle, fish eye. but also durable. you can take this in the pool with your kids and get them swimming under water. >> gretchen: i saw somebody on vacation with this. it was so cool because they could just attach it to their

existing camera and get aof dif. >> clayton: this works perfectly. again, you can scroll open. i'm going to take this up on a ladder. you can drop it from 30 feet in the air. i'm going to drop it. >> gretchen: we need music or something. >> clayton: you got to make sure you tell me this thing works. >> gretchen: am i catching this? >> clayton: one, two, three. check it and see if it actually still works. >> gretchen: all right. you be the judge. >> clayton: no cracks or anything. phone still works. isn't it amazing? you can take that in the pool and shoot video under water and your kids playing as well. >> gretchen: just don't walk underneath that 'cause i'm superstitious. >> clayton: i might get struck by lightning in the storm. >> gretchen: no kidding. thanks, clayton. as always, we always learn something from you. coming up on the show, transgender kids, yes, kids, can now use whatever bathroom they want at school. but what about the other kids who now feel a little weird about some of that? michelle malkin live from new york on this and more hot topics. we have got some people who like

to speak to us early in the morning. >> clayton: it's new york, they yell. what's up? remember this keen from seinfeld -- scene from seinfeld? it turns out george was on to something. more and more men paying to do this. they're on to me, gretchen. >> gretchen: oh, my gosh. >> clayton: i thought these would look good on my wall at home. what do you think? >> gretchen: that would be up to your wife ♪

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>> real strong pecs, but it's hard to tell under that t-shirt. >> you want me to take it off? >> it's up to you. >> do you think it would be better if i did? >> it might be. whatever you want. [ laughter ] >> come on, george. come on, give it to me! >> gretchen: oh, my gosh. i forgot about that scene. it's your shot of the morning. like camera action, the latest trend, average joes -- really -- stripping down and posing for steamy pictorials. that a playful take of shots where women pose in sexy lingerie. photographers say sometimes a man's wife or girlfriend buys the photo pack. [ laughter ] but usually it's the guy himself who -- who wrote that? usually it's good nights himself who is purchase -- guys himself purchasing the photos.

clayton, i, gretchen carlson interviewing you, would you like to buy one of those photo pack annuals for yourself? >> clayton: does it come with a hard cover book? >> gretchen: it's only soft. >> clayton: hey. [ laughter ] >> gretchen: eric? >> eric: what do they do? >> gretchen: would you like to buy? >> eric: i'm talk being what do they do with the pictures? >> gretchen: what do guys do with pictures of their wives? >> clayton: they probably put them up on -- >> gretchen: well. >> eric: dudes taking pictures -- stage pictures of themselves isn't exactly the same thing as what do guys do with pictures of their wives. they give them to their wives and girlfriends? >> clayton: it's like what women do. i love photography, i'm not involved in this, but i like -- there is boudoir photographers. a couple will take pictures of the wives. >> gretchen: you sound like you know a lot about this. >> clayton: i do. >> gretchen: all right! i knew i liked you.

>> clayton: you want to scroll the phone number down? >> gretchen: he doesn't need any stinking photographer. he did it himself. [ laughter ] let us know what you think about that. if you're a woman out there, would you like to receive photos like that of your special person in your life? if you're a guy, would you take photos like that and give them to your wife or girlfriend? >> clayton: guys bring them on a first date. hey, i want to show you these pictures. >> gretchen: now to your headlines. three teens charged with beat ago 13-year-old on the school bus will appear in juvenile court. the boy suffered a broken arm and two black eyes. colonel allen west says there is a deeper issue that needs to be addressed here. >> why do we have 15 yearlies selling drugs and why would they turn to this type of behavior against someone that turned them in? jesse jackson called the state of florida apartheid state and lead ago sit in. why weather is his voice on this? al sharpton led the marches.

where is his voice on this? there is a greater issue in the black community people are not dealing with. >> gretchen: that hearing is set for 9 a.m. stunning study, researchers in north carolina say babies born after labor is induced are at a higher risk of autism. those children were 27% more likely to have autism. the risk was even higher for boys. the exact reason why is not clear. dogs seatbelts are supposed to keep your pets safe in a car. but they could hurt them. a company tested they would on the market and say they all failed. the safest place was in the back of the car behind a seat or specialized kind of a crate. it's not the wedding day surprise a new bride wants. grand ma confuses her drink with a handful of confetti. watch this. luckily the bride laughed it off. she had waterproof mascara on.

>> clayton: is it water in the cup, grandma? >> eric: oh, boy. >> clayton: it was alcohol? >> gretchen: hopefully the bride was as waterproof as your gadget. >> clayton: she scotch guarded that dress. >> eric: i'm sorry about that. now to an extreme weather alert. overnight, the water rises in colorado, so does the death toll. police found the body of a teen-ager, but have not confirmed it's the missing 16-year-old girl they've been looking for. meantime, officers found another woman alive. she had been last seen friday clinging to a tree. maria molina is following this deadly storm there. >> good morning. we're actually look for more showers and thunderstorms rolling through sections of colorado and it really doesn't take very much rain to produce that kind of flooding that you saw on that video on your crean crean -- screen in these areas. even one to two inches, across this terrain and especially areas that had to deal with wildfires in the past could be looking at flooding like this. in the forecast over the next

several days, we have the threat for more heavy rain rolling through parts of colorado. other areas as well across parts of the center of the country. you remember last week we were dealing with extreme flooding across sections of missouri, parts of kansas, oklahoma, and today you're looking at the threat for more storms in those areas. parts of the gulf coast and up into the northeast. right here in new york city, we have to deal with that rainfall right now as we speak. we are expecting up to an inch or even more across parts of new york city and surrounding areas. there is no flood watch in effect. flood watches in effect across parts of the center of the country. temperature wise, because of the rain we are going to be seeing below average, 75 degrees should be the high in new york city. only in the upper 60s in cleveland. very cool for august standards. in texas, another hot one as usual, 100 for your high in san antonio. phoenix, also on the hot side. 107 degrees out there. let's head back into the studio. >> gretchen: all right. thanks so much. california governor jerry brown signing a controversial new law designed to protect transgender

students in the state's public schools. >> eric: it gives kids the right to choose what bathroom they'll use and the choice of boy sports or girl sports. >> clayton: while supporters say this law will cut down on bullying, opponentses say the negatives far outweigh the positive. joining us is michelle malkin. i don't know where to start on this. there seems to be so many questions around this. is this children who consider themselves a different gender and have not gone through some sort of surgery? is it a child who is conflictd about their sexuality and who chooses one day to use a boy's bathroom as opposed to a girl's? this is a difficult situation for families who are dealing with children who feel this way. but seems there are a lot of questions still unanswered. >> it's fraught with questions and unfortunately, i don't think there was enough of this debate within the legislature before governor brown signed it because there is such an impetus to pander to political correctness. i think this is social engineering run amuck. apparently, according to the

bill that was signed, transgender is defined any way they want to! as long as a child has the self-perception that they are transgender, they will be able to go into any bathroom that they want. really, i think it's a usurpation of local, parental and community control. these are things that should be up to the discretion of each individual school district and now it's a mandate that affects every single classroom in california, from kindergarten through 12th grade. >> eric: it's start not guilty kindergarten. five-year-olds are now -- i don't know, exposed to -- what is transgender? mommy, am i transgender? very scary. slippery slope. >> gretchen: also we know that kids like to pull pranks. this is what i'm thinking. can you imagine now the boys want to go into the girls' bathroom and the girls want to go no the boys' bathroom and they can say, i was transgender for the moment.

it's just going -- teachers are already overburdened with disciplinary issues and trying to keep control in the classroom. i just can't get my head around this this morning. >> i think it's a really good point and i think being a parent, you can see that this is going to be a liability bomb, is what it's going to be because you are going to have cases where students are going to feel from the minute that the school year starts that this is an invasion of their privacy and i think that's the first thing that's going to be invoked. i think the justice institute has announced they're looking for plaintiffs. >> eric: how many sexual harass ment suits are going to come up? >> right. and there is a basic question of really? this is the biggest educational problem in california? test scores are going down, billions of dollars in the hole in debt and this is the priority? thanks, jerry moonbeam. >> clayton: one of the worst public school systems in the country in california. let's talk about this as it relates to climate change.

obama's interior secretary coming out this week saying, i don't want any climate change deniers in my department at all and this isn't some quote. this is sally jewel. we have sound from sally backing this up. let's listen. >> we are in a really privileged position on two other trends out there because we have a chance to do something about them. one is very important, very much in our face and really critical and that is climate change. i hope there are no climate change deniers in the department of the interior. >> gretchen: what does that mean if you are a climate change denier? >> watch out. it will be a witch hunt. there is a precedent for this because previously, there was an epa researcher, alan carlin, you may remember this case, who had questions about some of the economic consequences of these kind of policies. he was essentially railroaded, the same way that any kind of watchdog in this administration is.

it's a cult. this is a -- this woman is talking like a cult leader. the groundwork was laid in the previous administration. i have to say that these people have a lot of hootspa lecturing us about scientific integrity when it was the obamacare interior department that was dinged and spanked by several courts for their perversion of science when it came to concocting a rationale for the drilling moratorium. >> clayton: what happened about the team of rivals that we heard so much about, that in his cabinet we were going to have differing opinions in this administration? >> team of eco zombies is what it is. >> eric: she's right, though. you can't deny climate changes. sunny today. it's raining. 100% right. >> clayton: snowing tomorrow. >> gretchen: great to see you here. >> you, too. i got to have my prayers out for my peeps in colorado springs. >> gretchen: coming up, another benghazi bombshell. an explosive new report that

hundreds of our missiles were stolen the night of that attack last year. could this be the reason that the white house stayed so silent? >> eric: brand-new book creating a whole lot of controversy. the author says drinking booze and coffee while pregnant is okay? we have assembled a panel of experts the great outdoors, and a great deal. grrrr ahhh let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com. because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet.

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>> clayton: quick headlineses for you. jetblue the latest airline to let passengers skip those lines and have your bags delivered to your front door. the cost? 25 bucks for one bag. delivery, up to 100 miles. a major mix-up on voting billboards in detroit. they read, election day is september 2. but it's really november 5. oh, detroit. the company says it was an honest mistake and will fix them today. eric? >> eric: this morning there is another benghazi bombshell. we're learning 400 surface to air missiles were apparently

stolen during the terrorist attack. kelly wright live in dc with the latest. >> good morning to you. the new revelation comes from former u.s. attorney who represents mark thompson a benghazi whistle blower. in an interview with wmel radio in washington, he claims during the attack on the u.s. consulate in benghazi, that missiles were stolen and distributed. he says he received this information from a former intelligence official who had close ties to operatives working in benghazi. he is not sure if the missiles were pilfered from the c.i.a. annex. >> it's pretty clear that the biggest concern right now are 400 missile which is have been diverted in libya and have gotten into the hands of some very ugly people and they are worried, specifically according to these sources, about an attempt to shoot down an airliner. i do not know whether they were at the annex, but it was clear the annex was involved in the process of the distribution of those missiles.

>> this is not the first time the presence of arms at the c.i.a. annex has been discussed. in july during her confirmation hearing for becoming ambassador to nato, victoria nuland was questioned about it. rand paul asked if the c.i.a. was using the annex to send arms to syria. new land said they didn't know. >> did you ever have a conversation with secretary clinton about the fact that the function and activities of the c.i.a. annex may have had something to do with the attacks? >> no, sir. >> are you personally aware of what the c.i.a. annex function is? or was? >> sir, i don't believe i've had a full briefing on what all -- on what the activities were, no. >> senator paul expressed concern the obama administration may have been secretly sending weapons to syrian rebels from libya without votes from congress on the matter. a number of congressional investigations, as you already know on benghazi, are still

ongoing. eric? >> eric: all right. kelly wright in d.c thank you. >> gretchen: are you one of the millions of americans struggling to find work? stick around. cheryl casone is here with the top companies hiring. >> clayton: first on this date in 1984, one of my all-time favorite movies "ghostbusters" song made number one. ♪ [ male announcer ] running out of steam? ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle.

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>> eric: one industry that seems to always be hiring, health care. that tops the list of companies hiring this week. the "fox business" network, cheryl casone, is here with some companies. >> good morning. you were talking about obamacare earlier. one of the things we're seeing is home health aides, personal

home aides. this is going to be the top job for this decade, according to a recent government survey, because of the baby boomers. they don't want to leave their homes. they don't want to go to nursing facilities. they will to be home. and this is sinnery home -- sin gee home care. they are hiring throughout the year. this is not just for the elderly, but for people that have sports injuries. if you're disabled and expectant mothers are examples of people that would hire this company. they've got about 41 states that they've got facilities in, 230 units. >> eric: care giving? >> not medical. it's nonmedical. you can't get up, you can't walk across the room, things like that. >> eric: number two? >> this is power home remodeling group. couple of things interesting here. they do exterior repair. so it's windows, roofs, attics, doors, things like that. they're going to be expanding in detroit. they offer benefits, which really surprised me. 401(k), medical, life, disability, things like that.

vision, care, connecticut, delaware, georgia. also opening up in massachusetts, new hampshire, new jersey, new york. think storm damage. think states where you're going to have damage to a home. >> eric: united health group. >> publicly traded company. you know them very well. this is united health group. they're going to be hiring. they've got -- for people doing hr, clinical work, nurses, things like that. they've got about 3500 jobs open right now on their web site. it's across the country. i can't give you state specific. they also have a stock purchase plan. it's always good to have some of that. >> eric: navigating obamacare. you need help there. tsi credit? >> this is credit repair. how many americans either have mistakes or they've just screwed up, they didn't pay their bills. they were behind on their bills. they go in and help you and need a lot of consultants to fix your credit report. you can make between 20 to $70,000 per year.

it's a huge salary range, depending on what you do. they need people that can also do accounting, training, licensing. but the biggest job that they offer really is consulting. look, a lot of people made a lot of mistakes or have financial troubles over the last five years. >> eric: wide range. good stuff. thank you very much. >> you bet. >> eric: hundreds of illegals crossing the mexican border, but instead of sending them back, the government is putting them up in hotels and guess what, it's all on your dime. and a brand-new book creating a whole lot of controversy. the author says drinking booze and coffee while pregnant is a okay. we have assembled a panel of doctors to separate fact from fiction. [ phil ] when you have joint pain and stiffness... accomplishing even little things can become major victories.

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>> gretchen: good morning, everybody. it's tuesday, august 13. hope you're gonna have a great day. i'm gretchen carlson. fox news alert. the master al-qaeda bomb maker suspected to be behind the latest threat of those new kind of exploding clothes just hit by a u.s. drone strike. the breaking details as we get them in. >> eric: brand-new video the moment a florida resort is swallowed up by a massive sinkhole. watch. a press conference happening right now about what went wrong. we'll bring you the newest information. >> clayton: drinking booze and caffeine while pregnant are a okay. harvard economist who wanted her own numbers did real research. what do doctors feel about it? we assembled a panel to separate fact from fiction this morning of the "fox & friends" hour three starts right now.

>> gretchen: good morning, everybody. thanks for sharing part of your busy day with us today. today we have eric bolling and clayton morris filling in. great to have you. >> clayton: good to be here. >> gretchen: let's kick off the hour with headlines before laura ingraham joins us. medical examiner identified the fan who fell to his death last night at turner field in atlanta. a 29-year-old man from conyers. police say he fell 65 feet from the upper level of the atlanta braves stadium and landed in the players' parking lot. it happened during a two-hour rain delay. police say there is no indication of foul play and the fall appears to have been an accident. the second death at the atlanta ballpark. in 2008 a man fell down the stairs and passed away. another developing story, al-qaeda's master bomb maker reportedly wounded in the u.s. drone strike in yemen. according to the report, he was the target of the strike. photos of the victim look just like him. it's believed he was the masterbehind behind the

underwear bomber's botched plot. hannah anderson back home with her father. >> as for my daughter, the healing process will be slow. what's been through a tremendous, horrific ordeal. >> gretchen: during the entire ordeal, the 16-year-old did not know james dimaggio had killed her mother and broker. f.b.i. agents told her after she was rescued. incredible new video showing the terrifying moment a 100-foot sinkhole swallows part of a resort near disney world. looks like a planned demolition, but it wasn't. 30% of the three-story villa collapsing as people inside frantically rushed to get out. just moments ago, a press conference was held. >> we're going to start doing

some boring. the engineering geotechnical company will start doing some boring to be 100% sure that this sinkhole hasn't expanded. >> gretchen: the buildings that were not affected are now open for business. those are your headlines this morning. now laura ingraham who joins us every week to talk about the issues of the day. good morning to you. >> hey, guys. great to see you. >> clayton: we got a big whopper of a headline in a moment. the front page of the "new york times" this morning. now we're learning more about, or we suspected that it was politically motivated, the employer mandate portion of obamacare, which had been delayed, of course, until after the midterm elections. the white house saying no, no, that wasn't the case at all. that it was simply kathleen sebelius saying because we wanted to get our ducks in a row. we wanted to give employers the opportunity to look over the stuff. now we have a democrat coming out saying that he thinks he has his suspicions about it. he says, i have my suspicions. curt schrader, a democrat, about

the political motivations here, too. i would be less than honest if i hadn't said that. he was responding to a facebook question in an interview. what do you say to that? >> well, i'm glad he's finally come along to this obvious realization. but look, when you talk to business owners, and i know you've done this as i have, what they have confronted with the myriad regulations and the penalties that are going t be in effect when this ultimately is implemented, it's staggering. an example, a friends of mine in texas runs a very big steak house called the taste of texas. everybody knows it in houston. they have 200-plus employees. a great place to work. well, once you get the bulk of regulations you have to abide by, turns out you have to, to be able to survive in the competitive restaurant business, you have to ultimately bring people down in the number of hours they work, and then you have to calculate the ultimate cost. it is a huge burden on businesses. the last thing democrats wanted and so the congressman is

right -- is to go into these hotly contested midterm elections and have to defend this all over again. my question is, what happens when 2014 is over? are they going to wait until after the presidential election to implement the obamacare employer mandate? the whole thing is designed to fail and harry reid is right. we're headed toward a single payer system unless the people rise up. >> eric: it's called a train wreck on the way. others are saying maybe there is another reason for the delay in the obamacare, at least portion attention of it. allows costs to go up before they go down. in other words, saying give it more time, allowing insurance companies to raise their premium s soak -- kind of a ceiling on the premiums. >> well, all i know is that with my own policy, i have a small business policy, right, the premiums for my small business -- and i have a major carrier -- have gone up about 32% in the last 24 months, something like that. and when i do this segment on my

radio show, how much are your premiums up? almost everyone who calls in says they've gone up 27%. 30%, 25%, 20%. so i guess we could see some leveling off on this, but ultimately, when you see wages in this country flat lining, especially for our middle class, to add this extra cost, needless cost on to the cost of living, it's devastating. i think the democrats know this. they know this going into this midterm election. >> gretchen: it's always painful when it's on the cover of the "new york times" and now they've discovered a situation that apparently was on the labor department's web site since february, but just now coming to light. it was sort of tucked away in all those pages that nobody probably ever read. but it's the limit on out of pocket costs for the families. so there is going to be a delay on that as well. what does that mean? we all know when we have insurance that there is this limit as to how much you pay as a family for prescription drugs and for actual medical care.

so let's take a look at what this might mean for a family then. promises versus reality. the family premium promise was $12,500. that would be the max. now the actual family premium for 2012 would be as high as $15,745. so families, which most people make up a family in this country, they're going to be really upset as they learn more about this. yet another delay that's going to mean more cost. >> yeah. absolutely. remember, all the costs that the insurance companies are now having to bear with all of the preexisting conditions covered under policies, more people flooding into the system, i mean, it's obvious math that the costs get passed through to the policy holders. that's all of us. so again, what obama promised and what ultimately will be delivered is basically what most conservatives argued at the time was going to happen and slowly but surely -- they can delay it as much as they want, but slowly but surely, we're going to this

untenable cost structure for individuals and families, as well as we've discussed before, doctors refusing to take medicare. doctors retiring early. and influx of foreign medical-care providers into this country, will get paid a lot less. >> clayton: an office you know, because you clerked there, here in new york city, has made pretty big headlines yesterday when it ruled that it was unconstitutional for stop and frisk policies by the police departments in new york city to go forward. that stopping individuals in certain neighborhoods, because they wanted to stop them and frisk them to see if they had a gun was unconstitutional. i want to play a sound bite from mayor bloomberg who says this is a major setback for crime fighting. i want to get your response, take a listen. >> i don't think there is any question that one of the problems we have in our society today is that victims and perpetrators of crime are disportionately young minority men. that's just a fact. that has nothing to do with

however where we stop people. we go to where the reports of crime are. those, unfortunately, happen to be poor neighborhoods and minority neighborhoods. but that's not the original objective or the intent or how we get there. we get there when there is a crime reported. we will continue to do that. that is our obligation when it comes to crime fighting. >> clayton: you know this intimately in new york city. what do you make of this? >> look, to say as judge sheindlin did, that this is an unconstitutional, unreasonable search and seizure just on the face, it's not really a search. it's a quick pat-down, it's not a seizure. it's just a momentary stop, is ludicrous. this judge was nominated by bill clinton through the federal district court. i clerked for the court of appeals where this court will ultimately go if mayor bloomberg can get it there fast enough. but the cops on the beat, it was

interesting to read their commentary yesterday when this decision came down. they said it would make them less likely to follow through on the type of criminal reporting and criminal investigation that they really have to do in order to make this successful. they said it demonizes them in the community and the judge will now demand that they affix cameras to their persons to record everything that's happening. now, police officers, they're not perfect. they're like the rest of us. but they have a very difficult and dangerous job in cities in this country and to give them one more burden to do their job and say this is unconstitutional, another reason why we need presidential candidates to talk about how important the courts are in judging in particular. >> gretchen: aside from the facts of how crime has gone down since stop and frisk was implemented, which should be enough proof, aside from that, you have people who live in these so-called bad, poor neighborhoods that mayor bloomberg was talking about that that they're actually against

the judge's decision. >> oh, yeah. >> gretchen: ultimately they're trying to work hard to probably move out of these neighborhoods for the most part, and they want it to be safe. >> yeah. i want the judge to move into this -- the judge should move into bedside or up in some of the difficult areas of staten island where this has made -- this has saved lives, this policy. >> clayton: take a look at your screen there. this is where the judge lives. her neighborhood. she lives in with zero murders this past year, robbery, 68. shooting victims, one, compared to east part of new york, eight murders. 535 robberies and 35 shooting victims. >> gretchen: i know so much of her decision was based on her own personal experience or was it politics? >> this is typical evolving standards of the constitution jurisprudence that conservatives have been talking about for

decades, where a judge substitutes her on view of the world, her own utopian view of how the world should be for the way the real life is, for the people who are trying to get by, not get killed, not get robbed, not get raped on the streets of new york. mayor bloomberg is exactly right. this judge is way off base and the 195-page ruling that could have been frankly five pages long. this was a constitutional measure that saved lives and it is not an unreasonable search nor is it an unreasonable seizure given the crime. >> eric: you are hitting on something so important for a lot of people that i just absolutely live by the constitution. so i went through and this probable cause line in the 4th amendment, when a cop sees something and is suspicious of something, that's probable cause. guess what? of all the search and seizures in new york city over the period they looked at, upwards of 90 to 95% of them said there was something suspicious that made them do the search and seizure. that would put it right in the

constitution. >> right. so the idea that a couple of people who decided to take this case to the federal court, they were inconvenienced for what? 20 seconds? that's a constitutional violation? james madison is rolling in his grave right now. it's ridiculous. it's preposterous. but new york, wake up, because this is what is going to continue to happen at the hands of liberal judges who want to be legislators. if she wants to be a legislator, judge sheindlin can run for office. she would lose in new york. >> gretchen: it's not just new york 'cause this could trickle down to other cities. laura ingraham, thanks so much. have a great week. >> take care. >> gretchen: are you waiting asylum? there is a hotel and there are rooms for that. illegal immigrants being put up on the taxpayers' dime. we'll tell you about that next. >> eric: it promises to get you to your destination faster than a jumbo jet. is that even possible? details on the brand-new high speed train and how much it's going to cost alert.

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>> eric: fox news learned there has been a sudden influx of immigrants crossing the mexico borrowedder and being put up in hotels by ice agents using your tax dollars. how does this happen? well, there -- they're requesting asylum using buzz phrases, like saying they feel threatened by drug cartels. joining me is dan stein. give us a couple of buzz phrases that they're using. >> apparently they use the term, credible fear, which, of course, would be a conclusion of law, which means you have to prove a credible fear. you can't just say i have a credible fear. but apparently some of the buzz words are the ones that they're

finding -- they found out from the immigration lawyers. we know that these people are being coached. we know they're being coached to say certain things. we know that nothing in the schumer senate amnesty bill would prevent this kind of abuse and fraud. we know people are being put up in nice hotels, but if they're being released, we know they're unlikely to ever show up for a hearing before an eye sigh lum officer or immigration judge. this is a continuation of the obama administration's attack on our borders, attack on the integrity of our immigration system. the precise kind of fraud we're looking at here in mexico, by the way, was exactly the kind of stuff we were looking at before the first trade center bombing in 1993, led congress to try to fix the problem in 1996. here we are 20 years later, exactly the same kind of nonsense. >> eric: let me ask you, is there some law that says if you hear credible fear, a buzz word, you have to allow someone asylum into the country? are ice agents trained to do that? >> what they're doing is they're

avoiding summary exclusion by asserting the minimum standard to get basically through the process into the asylum system. there is two different avenues. one is called asylum and the other one is the torture convention. they have different standards, but ultimately what they're trying to do is get into the country. the so-called dream nine, these guys who are trying to make an issue at the border, the administration abused our asylum law to let them in that way. this is one more avenue that the administration sees can be bends be a. it's important to understand that the senate amnesty bill would make this problem much worse. people see amnesty and trying to get in. >> eric: one day i guess it was a couple weeks ago where there were 200 people that came across the border. another 500 flooded in. then they were put up in hotels. tell us about that. >> right. the administration is supposed to detain aliens who do not have a credible basis for asylum, they were there -- in order to deter fraudulent claims, we don't want people showing up on our border and certainly not from a country like mexico,

abusing the system and coming around, jumping the line in fronts of millions of people. so they're supposed to be detained until they can have a hearing. of course, there is only so much detention space. so now they're trying to put them up in nice hotels. i don't know if they're luxury hotels, but they have a continental breakfast that we're paying for and nice accommodations comparatively speaking. for those who do get released, however, they're scheduled some day for an immigration hearing and we know they're probably not going to show up. so again, this is massive fraud and it's being coached. >> eric: we'll have to leave it there. they either get let go, put up in hotels or sent to new york, florida, california and texas. we have to leave it there. thank you very much. he's at it again. anthony wiener let another secret slip on-line and this one is about hillary clinton. a brand-new book creating a whole lot of controversy, the author says drinking booze and coffee while pregnant is okay. we have assembled a panel of doctors to separate fact from fiction. that comes up next.

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>> eric: time for news by the numbers. $91 million. that's how much sheryl sand burg made by selling her facebook stock. she's the second in command at the company. next, $95 million. that's how much the author of "50 shades of gray" made last year. that makes l. james the richest author in the world. finally, 30 minutes. that's how long it will take to go from l.a. to san fran on this new train, the hyper loop. 800 miles per hour. the price to build it? 6 million bucks. i think that's cheap.

>> gretchen: a brand-new book article, whatever it is, creating quite a controversy this morning. it says drinking alcohol and coffee may be actually okay during pregnancy. written bay doctor -- it was written by an economist who looked at studies and came up with stats. is she right? here to weigh in, doctors. a doctor from new jersey and another doctor from mount sinai medical center in new york where i had my two babies. good morning. >> good morning. >> gretchen: the woman who did this, many people are talking about it because it's controversial. but also because it was an common insist approach. she became pregnant and looked at all these studies and deduced her own conclusions, specifically about coffee. she said that -- i believe she said three to four cups a day is fine when you're pregnant. doctor, would you advise your patients to do the same? >> i would tell them if they love coffee, go ahead and drink

three to four cups, but in general, i wouldn't advise someone to increase what they're drinking. the problem is that everybody gets so excited when they're pregnant worrying about every drop they put in and out of their bodies and i think if you are a coffee drinker and three cups makes you ecstatic, go ahead. have it. >> gretchen: dr. stone? >> i agree that coffee, up to a certain amount is totally fine. if you look at the research, most of the research shows that up to three miligrams of coffee is okay. each cup has 100. that's about three cups a day. i think it's totally fine. >> gretchen: so both of you agree you don't have to completely cut it out. when i had my children eight and ten years ago, i completely cut it out because that's what the findings were back then. let's move on to fish. so much has been made of this recently because of the mercury that is found in fish. and also sushi. they said survey away from sushi, which is hard in new york city.

she said fish is your friend. dr. stone, is she right? >> i totally agree. i think there is certain fish we know to avoid. fish that are very high in mercury, king fish, sword fish, mackerel. tuna in limited quantities. fish has a lot of health benefits. omega 3s in there. some studies show a decreased risk of preterm birth. and the whole myth with sushi. it's a total myth because the sushi is really not -- that's served is not prone to parasites. so it's fine. but i tell patients, once you look pregnant, deliver, order in, because there will be people in the restaurant that will come up to you -- >> gretchen: speak of that. what about alcohol? that seems to be the most controversial aspect of being pregnant. i wonder how i would feel if i saw a pregnant woman drinking, quite frankly, just because what i was told when i was pregnant, absolutely don't have any drinks. so she found from her research that occasional alcohol was okay. doctor, do you agree? >> occasionally is fine.

a long time ago we used to give women alcohol to stop preterm labor. we know that a small glass of wine can relax the body. it relaxes the muscles. it relaxes the uterus. if a woman needs a glass of wine, a half glass of wine occasionally once or twice during her pregnancy, there is no problem. >> gretchen: that's different than what she's saying. she's saying one glass of wine a day. dr. stone? >> i think that the bottom line is that there is no known lower safe limit of alcohol, but there are recent study that show moderate alcohol consumption, a couple glass a week, does not have any effect. there is a british study that was published -- >> gretchen: in the second or third term, right? >> mainly in the second term, but really interviewed people throughout pregnancy and after delivery, people who continued drinking and looked at 7,000 women and show moderate alcohol consumption was not associated with any difference in balance. >> gretchen: i wish we had more time. my pediatrician told me to drink beer, it would help the

breast-feeding. i was like shuck, i don't like beer. wine would work. doctors, thanks so much for parting this really controversial study. appreciate it. coming up, is big brother getting behind the wheel of your car? new details about black boxes that may become mandatory. they're going to become mandatory in all the cars. how can they use those against you? it was our favorite viral video yesterday. amazing catch at a whiffle ball game. we tracked down the player and he's going to join us live. right back at chico's we're famous for our so slimming jeans. ♪ now, meet our instantly slimming, secretly shaping dresses, skirts and pants. ♪ they slim, smooth, and shamelessly flatter,

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wearing a marine corp uniform. ♪ >> eric: shot of the morning. the mullet prank. the man in the middle tilted his little brother's room 90-degrees while he was away on vacation. talking about everything. nailing the furniture to the walls. this isn't the first time the older brother has decided to redecorate. the purple and pink walls are from language year's prank when he turned the room into a little girl's room after he hacked his facebook page. sibling rivalry. >> gretchen: that's a lot of work to do a prank. whatever happened to the good old-fashioned ones that you can

just do in a short time. >> clayton: my sister once did a prank, she must have spent weeks on it where she wrote little notes that were annoying and stuck them in every pocket of every piece of clothing i owned. and so for years, years, i would still -- i was going off to college, i would reach into a pocket and find one of these notes. >> gretchen: you know what i did once? i womaned a present for one of my brothers at christmas time, except i wrapped a penny inside a box, inside a box, inside a box, inside a box, and then it was a huge gift sitting under the tree. he was so excited. >> clayton: and it was so light. >> gretchen: so mean. it was so mean, 'cause he opened up all these boxes and got a penny. >> eric: we had the best prank in the history of pranks. pulled this one off. so it was a big lottery, $150 million lottery. it went on a tuesday night. on wednesday morning, we had all pitched in money to see if we won the lottery as a group. a bunch of guys downtown. on wednesday morning, we got the next week's lottery with the prior winning numbers. gave it to one guy to go through

all the tickets. he sees the ticket. he reads it. he reads the winning numbers. he's sure he won a piece of the winning lottery. but it was next week's. we stuck it in with all the old tickets. >> gretchen: has he ever spoken to you ever since? >> eric: no. >> gretchen: i would think so. maybe some people in tea parties that were trying to organize as a 01 c 4 organization don't want to talk to the irs ever again. why? because apparently those tea party problems are still going on with the irs. you thought this was all solved, they've been exposed, they wouldn't be doing this anymore. no, there are still employees in the cincinnati office giving testimony under oath saying that they are still being told or think that they're supposed to give these applications a second look. >> clayton: they say they have no new guidelines yet. that this was supposed to be a cleansing and there is a new course of action taking place at the irs. turns out, they haven't given them new guidelines. so when they receive an

application that has the words tea party, they give it a second over. they give it to someone else to look at it again. this came from further complaints from tea party groups saying we still haven't been able to get our irs status and actually go into business and do the work we want to do do. >> eric: i joke to jay sekulow, representing 40 tea party groups, a couple days ago saying at this point, has anyone from the -- they were going to do this big investigation. has anyone contacted any of your clients? he said no. no one has encontacted them -- contacted them, even in light of the light we're shining on -- i don't know, the illegal things or bad things the irs has been doing. you think they would sit down with these people and say, oh, look. your application should be approved now. we were wrong. but they won't even do that. >> clayton: now we may have some understanding why this happened in the first place. that was the big question. where did it come from? how high up in the administration did it come? we know lois lerner, overseeing this particular division and overseeing this particular movement by the irs, turns out back in 2010, she was talking

about how she was under a lot of pressure. the irs was under a lot of pressure. remember once the citizens united case got blown up by the supreme court, all this money started to flow into campaigns. so the concern from democrats was that all of this anonymous money was pouring into the campaigns and the irs had to do something about it. listen to her. >> everyone is up in arms because they don't like it. >> gretchen: all right. so she said fix it now before the election.

remember when this story first broke, there were maybe eight to ten democratic politicians who had been on the record as trying to tell the irs that they needed to put more pressure on these organizations. but the rules are the rules. if they have the ability to incorporate as a 501 c 4 organization, then you got to do it. gout to allow them to do it, obviously. story still has a lot of -- >> eric: fix it before the election are the operative words. why? just fix it. but why before the election? it would absolutely indicate some sort of political motive behind it. all right. when it comes to the game ending catch, it doesn't get any better than this. watch this one. >> this one deep. oh, robbed with a miracle catch! >> eric: that unbelievable catch made during a whiffle ball tournament in vermont. joining us is the college student who made that catch, conner fleming. nice to see think morning. >> nice to see you. thanks for having me on. >> clayton: how did does it feel

to be the star of the internet this morning? >> it's pretty fun, man. it's pretty fun. >> gretchen: i got -- i couldn't see it from afar. that is an amazing catch. how long have you been playing whiffle ball? >> i've been playing whiffle ball since i can remember. my brother and i, we would always have a baby-sitter growing up and we'd use whiffle ball for everything. we'd go out and play, just the three of us, and then when lunch would roll around, we would play a game and whoever lost h to make something for everybody else. we were always finding accuses to play and got the whole backyard dedicated to a whiffle ball field. so i've been playing since as long as i can possibly remember. now i'm lucky enough to be able to play in a great tournament in little fenway and little wrigley. i couldn't be happier. >> eric: i think that's what most people are -- the catch was good, don't get me wrong. but what a cool whiffle ball field. that's amazing. >> oh, yeah. it's unreal.

the work that pat o'conner does to maintain and to create such an awesome field and have them ready for the tournament each and every year. he hosts other tournaments there as well. full scale replica. so much fun. especially being from new england, there are so many boston fan there is and it makes it that much more special. >> clayton: you land on the fence. i've never seen a whiffle ball field. are they nice and padded out there? it seems like it had to knock the wind out of you, you land right on your stomach. >> i came down sort of on my hip and rolled over to the other hip and then did my ever so graceful flop over the fence there. but it's made of wood. i guess it hurt a little bit. i wasn't really thinking about it at the time. i was more focused on making sure i didn't drop the ball on the way over. it hurt after the fact maybe a little bit, but it wasn't too bad. >> gre homerun from somebody. i'm sure they weren't too psyched about it. the tournament will raise more

than $500,000 for spinal cord research this year. so it's all for a good cause as well. we should mention you play football on the mcallister college football team. you got some athleticism in you anyway. thanks so much for joining us today. conner fleming, hats off to you and your success on youtube. >> thank you. >> clayton: coming up, a michigan doctor accused of giving chemotherapy to patients who didn't need it. he collected millions in medicare money. up next, we'll talk to a woman who says that doctor did just that to her father. >> gretchen: he was so popular on the show "moonshiners" that that they give him his own show. we're going to take you inside the world of tickle weekdays are for rising to the challenge.

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>> eric: quick headlines. we know there are black box in planes. did you know there is probably one in your car? 96% of new cars have them and now the national highway traffic safety administration is proposing that all cars be equipped with a black box by september of next year. experts worry it could create a massive privacy problem. anthony wiener with another on-line gaffe. asked if he knew what his wife would be doing with the hillary campaign in 2016. his reply basically confirming clinton is running. listen. >> do you know what the role in hillary's 2016 will be? >> i do. >> what will it be? >> i'm not telling you. >> eric: a spokesman snapped back saying, he had, quote, no clue what wiener was talking about. >> clayton: he took an oath to do no harm. michigan authorities say one doctor was willing to break that

oath in the name of greed. he's accused of a massive medicare scheme that included providing chemotherapy to cancer free patients and prolonging treatment for those who didn't need it in the first place. officials say he bilked the government out of $35 million over a two-year period. joining us now is the woman whose late father was a patient of this doctor and it was prescribed unnecessary rounds of chemotherapy. thank you for joining us this morning. what happened to your father? >> well, my father, who was a decorated world war ii veteran at the age of 87 was diagnosed with stage 4 pancreatic cancer that had metastasized and spread to his liver. he was given the prognosis of four to six months. we took dad to the university of michigan and because of his advanced age and the degree to

which the cancer had already spread, he really wasn't a good candidate for any research programs or for what they call the whipple procedure. therefore, dad was basically told that he should go home and enjoy life, enjoy his family, or if he preferred, they could do maybe one or two very light rounds of chemo. >> clayton: then dr. fatah kept saying, through some of his offices in detroit area, offers up and says, i think chemotherapy would be a good idea. we now know that he's been charged with health care fraud and nurses have come forward saying that he had been administering chemotherapy to individuals who simply didn't need it. in fact, cancer free patients. was this a shock to you? >> absolutely. when my father had first died, the way he died was very unnecessary. it was very traumatic for our

family. we put that to rest. we tried to put it to rest. but when the story broke last week, it just reopened all the wounds all over again. at the time, we thought we were alone crying in the desert. but back to dr. fatah, in terms of the treatment that he had prescribed was very different from what u of m had prescribed. he had wanted to do very aggressive rounds of chemotherapy that were continuous with just two-week breaks in between. and promised my dad that instead of the four to six months, he could probably get him 12 months of life. however, that 12 months was not in any way, shape or form quality of life. my dad was very ill. he was in and out of hospitals, e.r.'s and urgent care with side effects from the chemotherapy. not the cancer. finally my dad felt by early fall that he wanted to

discontinue chemo at that time. >> clayton: what would you like to see happen to this doctor now that we know all of the details from other people that have come forward? >> first of all, i'd like to see that this never happens again. i'd also like to see that the medical community, when they're aware of abuses like this, that they are either ethically or even legally bound to report this because this went on for years. i just wanted to say very quickly that in my father's case, he had met with my father at the end of the rounds of chemo and told my father that he was at that point cancer free and that the cancer was gone from his liver, which if anyone knows anything about pancreatic cancer, stage 4, that is impossible. my father believed him and he trusted him and went ahead with

an experimental gamma treatment. it was that gamma treatment that pretty much put my dad in the hospital and he died shortly after that. >> clayton: so sad. taking advantage of your family and so many others. barbara, we appreciate you joining us this morning. we hope he gets what he gets coming to him soon. >> thank you very much for having me. >> clayton: thank you. coming up, he was so popular on the show "moonshiners," discovery gave him his very own show. we'll take you inside the world of tickle when we come back. first, let's check in with bill hemmer for what's coming up at the top of the hour. we call him tickle hemmer. >> right on. you can do that. it will be a great doll this winter. make sure you get that. good morning to you. another day, another delay in obamacare. senator rand paul wants to defund the entire law. he's here live to talk about that as well as numerous other topics. that massive sinkhole in florida could happen again. we'll explain why. hundreds of immigrants flooding

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>> gretchen: he's the star of the discovery channel's hit show "moonshiners" and now he's got a show of his own. >> what in the world is all this? i go to pulling all this stuff back, oh, man. all this moonshine was under it. >> somebody had it hit. >> good, too. >> you left it like it was, covered it back up. >> well. >> gretchen: well, we're talking about tickle, which is also the name of his new spinoff show. good morning to you. >> how you doing today. >> gretchen: are you offended -- should we call you mr. tickle?

>> no. tickle is just fine. >> gretchen: tickle is your last name? >> yes. >> gretchen: did you know he was going to run for president? >> clayton: we see this tickle for president sign. >> yeah. >> clayton: what you do is illegal, right? moonshining is illegal? >> technically, until i get to be president. >> clayton: first of all, what is moonshining and why is it illegal? >> moonshining is the art of making alcohol. what makes it illegal is the government does not get taxes off of it. that's the whole reason it's illegal. you can brew your craft beers, but there is no big money in that. but there is big money in brewing liquor. you know, if the government -- they want their cut off of it. that's what made it illegal. >> eric: talk to us about what -- how do you make moonshine? what is it? a grain alcohol. >> moonshine can be made out of anything you really want to make it out of. you can make it out of fruits where you get into like making

brandies, peach, strawberry, apple, anything you want to make it out of. and that's more of a brandy, but it is still moonshine because it's illegal and untaxed. and you can make it out of any sort of grains. most people associate corn. >> clayton: why do you think the show is so popular? debuted in 2011, it's become a huge hit. >> well, really i'll have to say it's because we are just real people and we're just doing what we love to do. any time you get somebody that's really doing something they love and they're just a real person, they're not an actor. they're not doing anything other than just being their self, i think it goes over pretty good. >> gretchen: let's look what the virginia department of alcoholic beverage control says, 'cause you might be in trouble, tickle. the show is a dramaization and no illegal liquor is being produced. i have to ask you, you actually put this on your salad dressing as well? >> sometimes. [ laughter ] >> gretchen: okay. we'll be back with tickle. we'll have a salad when we come

back. right[ u back.

>> gretchen: we're back and we'll have after after the show show with tickle. >> clayton: we're getting into a deep discussion about moonshine. >> the show starts tonight 10:00 p.m., discovery channel. >> eric: "duck dynasty" on "the five" today. a fox news alert. word that the white house is pushing back another key part of the new healthcare law. why would that be? i'm bill hemmer. welcome to america's newsroom. you came back to more pain. martha: would you like me to leave again? it's raining outside. there is no reason not to be at work. every day there is a new delay it seems, what provision under the law that's supposed to set limit on everyone's out of pocket costs and the white house put that off for a year.